Terms and Conditions for Generic Content
Terms & Conditions of Use
Welcome to the Generic Revit Content (the "Content"). A2K Technologies Pty Ltd in partnership with Xrev Pty Ltd (collectively referred to as “A2K”) will provide generic (non-manufacture specific) Autodesk® Revit® Content. A2K provides access to this Content to You, subject to the following Terms and Conditions of Use.
This Terms and Conditions of Use ("Terms") is a legal agreement between You or the company or other legal entity on behalf of whom You are accepting the Service ("You") and A2K Technologies Pty Ltd (62 Brandl Street Eight Mile Plains QLD) ("A2K") regarding Your access to and use of the Content. By subscribing, You are indicating that You have read and agreed to these Terms, and agree to be bound by these terms and conditions. If You do not agree to all the terms and conditions of these Terms, you are not permitted use or access the Content.
1.1 Use of the Content. The Content provided is intended to help You in Your computer-aided design activities. You acknowledge that: (i) Whilst A2K thoroughly reviews and tests all Content, A2K does not guarantee the accuracy, integrity, or quality of such Content; (ii) You will evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content; (iii) under no circumstances will A2K be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damages of any kind incurred as a result of the use of any Content.
Subject to the limitations and conditions set forth in these Terms, A2K grants you a limited, non-exclusive, non-transferable license to use, access, view, download, and modify, so long as the Content is used solely for Your own personal or business computer-aided design purposes.
1.2 Fees. Access to this Content is provided on payment of a Fee. Fees must be paid in full, before access will be given to any Content. Upon payment of the Fee You will be given access to all purchased Content.
1.3 Content Standards. Content is developed in accordance with A2K’s adaption of the Australian & New Zealand Revit Standards (ANZRS) and BIM-MEPAUS.
1.4 Content Maintenance. From time to time, unforeseen issues in Content may occur where functionality does not behave as designed. A2K is committed to providing quality, reliable and accurate Content. If you find any issues with the Content, report the issue immediately to A2K. A2K aims to address and resolve any issues with content as a matter of priority. No support by A2K will be offered on Content that has been modified by someone other than A2K or Xrev.
1.5 Modification of Content. You may modify the Content downloaded by You (which may include downloaded drawings, images, 3D models, and other content, and any portion thereof) solely for your own personal or business computer-aided design use. However, You are prohibited from removing, modifying, minimizing, obscuring or blocking any portion of all trademark, copyright or other proprietary notices of A2K, Xrev or any of A2K's licensors, accessible to You through the
Content. You agree that You will not falsely attribute, misrepresent or otherwise imply the Content has been provided by You or any party other than A2K and its licensors.
2. PROPRIETARY RIGHTS.
2.1 A2K Proprietary Rights. You acknowledge and agree that A2K owns all right, title, and interest (including, without limitation, patents, copyrights, trademarks, trade secrets, and all other intellectual property rights) in and to the Content, and that except as expressly set forth in these Terms, You shall not acquire any right, title, or interest in or to the Content.
3. RESTRICTIONS ON USE OF SERVICE.
3.1 Computer-Aided Design Use Only. You are allowed to use the Content solely for Your own personal or business computer-aided design use. You may not copy or post any Content on any internet site; or (ii) distribute any Content as part of any service; or (iii) broadcast any Content in any media; or (iv) use the Content in a manner that is competitive with A2k and its licensors – without the expressed permission of A2K.
3.2 Acceptable Use. You agree to use the Content only in accordance with these Terms and any applicable policies or guidelines. By way of example, and not as a limitation, You agree that:
- The Content may ONLY be used within the organisation that purchased the content and will not be made available to Joint Venture partners, unless all parties have a valid license to the Content;
- The Content may NOT be made available publicly on any website, forum, file sharing service, or content sharing service, these include but are not limited to; UNIFI, Autodesk Seek, BIMObject, RevitCity, etc;
- The Content may NOT be distributed to other organisations for any reason;
- The Content may be used in Revit Project Files (.RVT, .RTE) and such project files may only be distributed to other organisations for the expressed purpose of Project Collaboration;
- All Content has been watermarked. The use of the watermarked Content without ever having held a license to the Content is prohibited;
4. INDEMNITY. You shall, at Your sole expense and to the fullest extent permitted by law, indemnify, defend, and hold harmless A2K, its affiliates, agents and suppliers (including the Providers), and each of their respective directors, officers, and employees (collectively, the "Indemnitees") against any and all losses, liabilities, expenses (including reasonable attorneys' fees) suffered or incurred by an Indemnitee by reason of any claim, suit or proceeding (a "Claim") arising out of or in connection with: (1) any breach of or failure by You to comply with these Terms; or (2) Your use of the Content, the Service, including the information, content, services, and/or products provided therein. You will not agree to any settlement of any Claim without the prior written consent of A2K, and A2K shall have the right to participate, at its own expense, in the defense of any Claim with council of its own choosing. The foregoing indemnities shall survive expiration or termination of these Terms.
5. WARRANTY DISCLAIMER.
YOU ACKNOWLEDGE AND AGREE THAT:
5.1 THE CONTENT IS PROVIDED BY A2K ON AN "AS-IS" AND "AS-AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND. A2K EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOUR USE OF THE CONTENT IS AT YOUR OWN RISK;
5.2 A2K AND ITS PROVIDERS MAKE NO WARRANTY THAT (i) THE CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (ii) THE CONTENT WILL BE ERROR-FREE, (iii) THE CONTENT WILL BE ACCURATE OR RELIABLE, OR (iv) ANY ERRORS IN THE CONTENT WILL BE CORRECTED;
5.3 ANY MATERIAL INCLUDING BUT NOT LIMITED TO THE CONTENT DOWNLOADED OR OTHERWISE OBTAINED IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA;
6. LIMITATION ON LIABILITY.
IN NO EVENT SHALL A2K HAVE ANY LIABILITY FOR ANY LOSS OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR ANY OF ITS ASSOCIATED CONTENT THEREOF, INCLUDING DIRECT, INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUE, OR DATA, BUSINESS INTERRUPTION, OR COST OF COVER. THE LIMITATIONS OF LIABILITY IN THIS SECTION 9 SHALL APPLY TO ALL DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EVEN IF A2K OR ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE LIMITED REMEDIES AVAILABLE HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE.
7. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTIAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 5 AND 6 MAY NOT APPLY TO YOU.
8. RELEASE AND WAIVER.
To the maximum extent permitted by applicable law, You hereby release and waive all claims against A2K and the Indemnitees from any and all liability for claims, damages (direct and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising out of or in any way connected with Your Content and Your use of any other Content.
9. TERM AND TERMINATION.
These Terms shall become effective on the date You first agree to these Terms by paying the fee and indicating that You have read and agree to these Terms and shall continue in force thereafter until terminated as provided herein. A2K may terminate these Terms and/or Your use of the Content at any time, with or without notice. You may terminate these Terms at any time with or without notice.
Upon any termination of these Terms for any reason, You must immediately cease using the Content. Sections 2.1, 3.2, 4, 5, 6, and 8 shall survive any termination of these Terms.
10.1 Governing Law and Jurisdiction. These Terms shall be governed and construed in accordance with the laws of Queensland, Australia without regard to conflicts of law provisions.
10.2 Severability. If for any reason a court of competent jurisdiction finds any provision of these Terms, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.
10.3 Notices. Notices to A2K pursuant to these Terms shall be sufficient only if in writing and transmitted via personal delivery or delivered by a major commercial rapid delivery courier service or by certified or registered mail, return receipt requested, to: A2K Attention: Legal Department, 62 Brandl Street Eight Mile Plains QLD. You agree that A2K may provide You with notices, including those regarding changes to the Terms, by email, or regular mail. If a modification is unacceptable to You, You must immediately cease using the Service. Your continued use of the Service after any such modification will constitute Your acceptance of such modification.
10.4 Independent Contractor. The parties' relationship to each other under these Terms is strictly that of independent contractors. Nothing in these Terms shall in any way constitute or be construed as evidence of intent to establish any association, partnership, joint venture or other relationship.
10.5 Assignment. You are not permitted to assign, transfer or delegate these Terms or any of your rights or obligations hereunder, in part or in whole, without the prior written consent of A2K, and any attempt by You to effect a transfer or assignment in violation of this section shall be void.
10.6 Entire Agreement; Waiver. These Terms contain the entire agreement between You and A2K with respect to the Service and any of the associated Content and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and A2K with respect to the Service and any of the associated Content. A party may only waive its rights under these Terms, by a written document executed by both parties. Any failure to enforce any provision of these Terms shall not constitute a waiver thereof or of any other provision hereof.